Veteran prosecutors conclude independent probe of Remy case - Boston News, Weather, Sports | FOX 25 | MyFoxBoston

Review: Deficiencies in Jared Remy case

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BOSTON (AP) - Prosecutors poorly handled assault allegations against Red Sox broadcaster Jerry Remy's son just before he allegedly killed his girlfriend, according to an independent review released Wednesday.

Jared Remy was arrested Aug. 13 after he allegedly pushed Jennifer Martell into a mirror. He was released on his own recognizance Aug. 14 and allegedly stabbed Martel to death at their apartment the next day. He has pleaded not guilty.

The review found that Middlesex County prosecutors did not adequately consider Remy's history of domestic violence and the details of the alleged Aug. 13 assault. It says they placed too much weight on Martel's decision not to seek an extension of a restraining order against him. The couple had a daughter, then 4 years old.

"We believe this deficiency contributed to the decision on August 14, 2013 to request that Remy be released with only bail warning and a no abuse order," an executive summary of the report said.

"Specifically we found that Remy's domestic violence criminal history, the facts in the August 13, 2013 police report, and the fact that there was a young child in the home were not given sufficient weight, while the victim's decision not to come to court to extend the emergency restraining order or to request conditions of release was given excessive consideration in the evaluation," the report said.

The review found that Middlesex District Attorney Marian Ryan's office has a "solid performance" in allocating resources to the prevention and prosecution of domestic violence and considers the safety of domestic violence victims "to be of utmost priority."

Ryan had requested the review. It was conducted by former Essex County District Attorney, Secretary of Public Safety Kevin Burke and Norfolk County First Assistant District Attorney Jeanmarie Carroll.

The report found that had there been a system of checks and balances in place, the outcome may have been different. That system, of senior members of the D.A.'s office weighing in on the decision making, has now been put in place, going forward.  

Former Essex District Attorney Kevin Burke said, "There needs to be more consultation and supervision at (the pre-arraignment) stage... mindful of course we're talking about all kinds of district courts in Middlesex county, all of them busy. All of them probably short staffed, but still there is time and there should be opportunity for consultation and supervision."

Burke also said he did not find any evidence that Remy received any special treatment or consideration for release because of his famous last night.

Fox 25 has learned the Assistant District Attorney responsible for the arraignment has only been with the Middlesex D.A.'s office for two and a half years.  

Ryan would not reveal the name of the Assistant District Attorney. He would say he is not being disciplined, but he will undergo some re-training.

A full report of the independent panel's review will be released following Remy's trial.

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